§6063. Applications

(a) In general

No grants may be made under section 6062(a) of this title unless an application therefor is submitted to, and approved by, the Secretary. Such an application shall be submitted in such form and manner, and contain such information, as the Secretary may require.

(b) Standards

Not later than 12 months after April 6, 1994, the Secretary shall establish by regulation standards for university affiliated programs. Such standards shall reflect the special needs of all individuals with developmental disabilities who are of various ages, and shall include performance standards relating to each of the activities described in section 6061 of this title.

(c) Assurances

The application under subsection (a) of this section shall be submitted in such form and manner, and contain such information, as the Secretary may require. Such an application shall be approved by the Secretary only if the application contains or is supported by reasonable assurances that-

(1) the making of the grant will-

(A) not result in any decrease in the use of State, local, and other non-Federal funds for services for individuals with developmental disabilities and for training of individuals to provide such services, which funds would (except for such grant) be made available to the applicant; and

(B) be used to supplement and, to the extent practicable, increase the level of such funds;

(2)(A) the applicant's program is in full compliance with the standards established under subsection (b) of this section, or

(B)(i) the applicant will make substantial progress toward bringing the program into compliance with such standards, and (ii) the program will, not later than three years after the date of approval of the initial application or the date standards are promulgated under subsection (b) of this section, whichever is later, fully comply with such standards;

(3) the human rights of all individuals with developmental disabilities (especially those individuals without familial protection) who are receiving services under programs assisted under this subchapter will be protected consistent with section 6009 of this title (relating to rights of individuals with developmental disabilities);

(4) the activities conducted under this subchapter are consistent with, and to the extent feasible, complement and further, the objectives contained in the State plan required under section 6022 of this title; and

(5) before the submission of such application, an opportunity for comment has been provided to the general public and the State Developmental Disabilities Council of the State in which the program will be conducted.

(d) Consumer advisory committee

The Secretary shall only make grants under section 6062(a) of this title to university affiliated programs that establish a consumer advisory committee comprised of individuals with developmental disabilities, family members of individuals with developmental disabilities, representatives of State protection and advocacy systems, State developmental disabilities councils (including State service agency directors), local agencies, and private nonprofit groups concerned with providing services for individuals with developmental disabilities, which may include representatives from parent training and information centers. The consumer advisory committee shall reflect the racial and ethnic diversity of the geographic area served by the university affiliated program.

(e) Federal share

(1) In general

The Federal share of any project to be provided through grants under this subchapter may not exceed 75 percent of the necessary cost of such project, as determined by the Secretary, except that if the project activities or products target individuals with developmental disabilities who live in an urban or rural poverty area, the Federal share may not exceed 90 percent of the project's necessary costs as so determined by the Secretary.

(2) Project expenditures

For the purpose of determining the Federal share with respect to any project, expenditures on that project by a political subdivision of the State or by a public or private entity shall, subject to such limitations and conditions as the Secretary may by regulation prescribe, be considered to be expenditures made by a university affiliated program under this subchapter.

(f) Peer review

(1) In general

The Secretary shall require appropriate technical and qualitative peer review of applications for assistance under this subchapter by peer review groups established under paragraph (4), including on-site visits or inspections as necessary.

(2) Regulations

Regulations promulgated under paragraph (1) shall provide that the review of the application required by such paragraph shall be conducted by groups established under paragraph (4) that are composed of non-Federal individuals who, by experience and training, are highly qualified to assess the comparative quality of applications for assistance.

(3) Approval

(A) In general

The Secretary may approve an application under this subchapter only if such application has been recommended by a peer review group that has conducted the peer review required under paragraph (1).

(B) Applicability

This paragraph shall apply to the approval of grant applications received for fiscal year 1990 and succeeding fiscal years.

(4) Establishment of peer review groups

The Secretary, acting through the Commissioner of the Administration on Developmental Disabilities, may, notwithstanding-

(A) the provisions of title 5 concerning appointments to the competitive service;

(B) the provisions of chapter 51, and subchapter III of chapter 53 of title 5 concerning classification and General Schedule pay rates;

establish such peer review groups as are necessary to carry out this subsection, and appoint and set the rates of pay for members of such groups.

(5) Waivers of approval

The Secretary may waive the provisions of paragraph (3) concerning approval of an application if the Secretary determines that exceptional circumstances warrant such a waiver.

(g) Review by other Federal agencies

The Secretary shall establish such a process for the review of applications for grants under section 6062(a) of this title as will ensure, to the maximum extent feasible, that each Federal agency that provides funds for the direct support of the applicant's program reviews the application.

(Pub. L. 88–164, title I, §153, as added Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2682 ; amended Pub. L. 100–146, title IV, §403, Oct. 29, 1987, 101 Stat. 855 ; Pub. L. 101–496, §18, Oct. 31, 1990, 104 Stat. 1203 ; Pub. L. 103–230, title IV, §404, Apr. 6, 1994, 108 Stat. 324 .)

References in Text

Provisions of title 5 governing appointments in competitive service, referred to in subsec. (f)(4)(A), are classified to section 3301 et seq. of Title 5, Government Organization and Employees.

Prior Provisions

A prior section 6063, Pub. L. 88–164, title I, §133, formerly §134, as added Pub. L. 91–517, title I, §101(b), Oct. 30, 1970, 84 Stat. 1319 ; renumbered §133 and amended Pub. L. 94–103, title I, §§110(e)(2), 111, title III, §302(a), (b)(2), Oct. 4, 1975, 89 Stat. 490 , 506; Pub. L. 95–602, title V, §511, Nov. 6, 1978, 92 Stat. 3011 , related to State plans, prior to the general amendment of this chapter by Pub. L. 98–527. See section 6022 of this title.

Amendments

1994-Pub. L. 103–230, §404(a), reenacted section catchline without change.

Subsec. (a). Pub. L. 103–230, §404(b)(4), (5), added subsec. (a) and redesignated former subsec. (a) as (b).

Pub. L. 103–230, §404(b)(1), inserted heading and in text substituted "Not later than 12 months after April 6, 1994" for "Not later than six months after October 19, 1984", "individuals" for "persons", and "section 6061 of this title" for "section 6001(18) of this title".

Subsec. (b). Pub. L. 103–230, §404(b)(4), redesignated subsec. (a) as (b). Former subsec. (b) redesignated (c).

Pub. L. 103–230, §404(b)(2)(A), inserted heading and in introductory provisions substituted "The application under subsection (a) of this section" for "No grants may be made under section 6062(a) of this title unless an application therefor is submitted to, and approved by, the Secretary. Such an application".

Subsec. (b)(1). Pub. L. 103–230, §404(b)(2)(B), restructured par. so that provisions of (A) and (B) appear as separate subpars. and substituted "individuals" for "persons" in two places in subpar. (A).

Subsec. (b)(2). Pub. L. 103–230, §404(b)(2)(C), substituted "subsection (b) of this section" for "subsection (a) of this section" in subpars. (A) and (B)(ii).

Subsec. (b)(3). Pub. L. 103–230, §404(b)(2)(D), substituted "individuals" for "persons" in two places, "services" for "treatment, services, or habilitation", and "rights of individuals with developmental disabilities" for "rights of the developmentally disabled".

Subsec. (b)(5). Pub. L. 103–230, §404(b)(2)(E), substituted "State Developmental Disabilities Council" for "State Planning Council" and struck out "or the satellite center is or will be located" after "will be conducted".

Subsec. (c). Pub. L. 103–230, §404(b)(3), (4), redesignated subsec. (b) as (c) and struck out former subsec. (c) which read as follows: "The Secretary shall establish such a process for the review of applications for grants under section 6062(a) of this title as will ensure, to the maximum extent feasible, that each Federal agency that provides funds for the direct support of the applicant's program reviews the application."

Subsec. (d). Pub. L. 103–230, §404(b)(3), (6), added subsec. (d) and struck out former subsec. (d), which related to distribution of grant amounts based upon amount of appropriations and applications for additional university affiliated programs or satellite centers.

Subsec. (e). Pub. L. 103–230, §404(b)(4), (6), added subsec. (e) and redesignated former subsec. (e) as (f).

Subsec. (f). Pub. L. 103–230, §404(b)(4), (7)(A), redesignated subsec. (e) as (f) and inserted heading.

Subsec. (f)(1). Pub. L. 103–230, §404(b)(7)(A), (B), inserted heading and in text struck out after first sentence "Such peer review shall be coordinated, as appropriate, with the peer review described in section 6062(b)(1)(D) of this title."

Subsec. (f)(2). Pub. L. 103–230, §404(b)(7)(C), inserted heading and in text substituted "experience and training" for "experience or training".

Subsec. (f)(3). Pub. L. 103–230, §404(b)(7)(D), amended par. (3) generally, inserting par. and subpar. headings.

Subsec. (f)(4). Pub. L. 103–230, §404(b)(7)(E), inserted heading and realigned margins of subpars. (A) and (B).

Subsec. (f)(5). Pub. L. 103–230, §404(b)(7)(F) inserted heading.

Subsec. (g). Pub. L. 103–230, §404(b)(8), added subsec. (g).

1990-Subsec. (d)(3)(A). Pub. L. 101–496, §18(1)(A), (B), substituted "1991, 1992, and 1993" for "1988, 1989, and 1990" and inserted at end "The Secretary shall solicit and may approve applications pursuant to this paragraph which encompass multiple universities within the same State university system or two or more universities which are otherwise unrelated."

Subsec. (d)(3)(B). Pub. L. 101–496, §18(1)(C), (D), substituted "1990" for "1987" and inserted at end "If an insufficient number of quality applications, as determined by a peer review process, from such unserved States have not been received in any fiscal year, the Secretary may consider applications for such fiscal year from States that are served by a university affiliated program or satellite center which is not able to serve particular geographic regions of the State, only if such applications demonstrate a need for additional training within the State and an exemplary service capacity to serve individuals within the State."

Subsec. (e)(1). Pub. L. 101–496, §18(2), struck out "by regulation" after "Secretary shall" and inserted before period at end ", including on-site visits or inspections as necessary. Such peer review shall be coordinated, as appropriate, with the peer review described in section 6062(b)(1)(D) of this title".

1987-Subsec. (a). Pub. L. 100–146, §403(a), substituted "programs" for "facilities", "all persons" for "persons", and "section 6001(18)" for "section 6001(13)".

Subsec. (b). Pub. L. 100–146, §403(b), in introductory provisions, substituted "section 6062(a)" for "section 6062", in par. (2), substituted "program" for "facility" in subpar. (A), "will make" for "is making" and "program" for "facility" in subpar. (B)(i), and "program" for facility" in subpar. (B)(ii), and added pars. (4) and (5).

Subsec. (c). Pub. L. 100–146, §403(c), substituted "section 6062(a)" for "section 6062" and "program" for "facility".

Subsec. (d)(1). Pub. L. 100–146, §403(d)(1)–(4), substituted "section 6064(a)" for "section 6064", "program" for "facility", "$200,000" for "$175,000", and "$150,000" for "$75,000".

Subsec. (d)(2). Pub. L. 100–146, §403(d)(1), (2), substituted "section 6064(a)" for "section 6064" and "program" for "facility".

Subsec. (d)(3). Pub. L. 100–146, §403(d)(5), added par. (3).

Subsec. (e). Pub. L. 100–146, §403(e), added subsec. (e).

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–146 effective Oct. 1, 1987, see section 601 of Pub. L. 100–146, set out as a note under section 6000 of this title.

Section Referred to in Other Sections

This section is referred to in sections 1438, 6062, 6064 of this title.